The Tamil Nadu Retired Government v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA The Tamil Nadu Retired Government Employee's Association, Tiruvarur District, No.15, Keezh Agraharam, Nannilam, Tiruvarur District - 608 504.
... Petitioner Vs.
1. The District Collector, District Collector's Office, Tiruvarur, Thiruvarur District.
2. State of Tamilnadu, Rep. by its Secretary, Department of Revenue, Fort St. George, Chennai - 600 009.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of mandamus directing the Respondents to consider the representations dated 08.02.2016, 22.02.2016 and 25.03.2017 submitted to them by the petitioners, and to sanction, compute and grant pension to the Petitioners' members represented herein by computing the period of their service to commence from the respective dates of their joining the service of the Respondents as Kayams/Part Time Thalayaris (Village Assistants) on temporary or permanent basis onwards and ending with the respective dates of their 1/4
retirement.
For Petitioner :
Ms.C.A.Sharmila For R1 & R2 :
Mr.T.Chezhian Additional Govt. Pleader
ORDER
The writ petition has been filed to direct the respondents to consider the representations of the petitioner dated 08.02.2016, 22.02.2016 and 25.03.2017 and to sanction, compute and grant pension to the Petitioners' members represented herein by computing the period of their service to commence from the respective dates of their joining the service of the Respondents as Kayams / Part Time Thalayaris (Village Assistants) on temporary or permanent basis onwards and ending with the respective dates of their retirement.
2. The petitioner has been retired from service on 31.12.2004 as part time Village Assistant and has been given with a meagre pension of Rs.150/- per month.
3. Ms.C.A.Sharmila, the learned counsel for the petitioner, submitted that as per 4(a) of Chapter II - Pension and Gratuity of the Tamil Nadu Village Assistants Pension Rules, 1995, the petitioner's pension should be computed from the date of his joining into service but his services have been taken into 2/4
effect only from 01.06.1995 which is the date of regularization. The learned counsel for the petitioner further submitted that the issue in this regard has already been settled by the Division Bench of this Court in W.A.(MD)No.16 of 2009 dated 16.02.2009.
4. Whatever may be the case, the petitioners' representation has not been considered by the respondents so far. In view of the same, appropriate direction should be given to the respondents.
5. In view of the above observations, the Writ Petition is allowed and the respondents are directed to consider the representations of the petitioner dated 08.02.2016, 22.02.2016 and 25.03.2017, with the context of all the earlier judicial pronouncements and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. 07.02.2025 Index : Yes/No Speaking Order/Non-Speaking Order bkn 3/4
R.N.MANJULA, J.
bkn To:
1. The District Collector, District Collector's Office, Tiruvarur, Thiruvarur District.
2.The Secretary, State of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 600 009.
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